Just in case you are or will be traveling by car in Virginia and missed this:
Effective July 1, 2009, a new law in Virginia states that it is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth of Virginia while using any handheld personal communications device to.
1) Manually enter multiple letters or text in the device as a means of communicating with another person
2) Read any email or text message transmitted to the device or stored within the device. This prohibition does NOT apply to names or numbers stored in the device nor to caller identification information.
EXCEPTIONS: The law does NOT apply to the operator of any emergency vehicle; an operator who is lawfully parked or stopped; the use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or any person using a handheld personal communications device to report an emergency.
ENFORCEMENT: A citation for a violation of law will only be issued when the officer issuing the citation has a cause to stop or arrest the driver of the motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
11 comments:
I just hope I'm not in the ambulance when the driver gets a text about a party later on that night and crashes in the ditch!
So how much is the fine?
"only be issued when the officer....."
THAT is why a cell phone ban or any other ban won't work!
Remember when they first did the seat belt requirements but they couldn't enforce it until they pulled you over for something else?
Why are these people being such pansies!
Pass the damn law and be done with it! I'm sick and tired of looking beside me, behind me and in front of me watching people who are obviously texting!
It's bad enough that I can sit waiting on a red light and in the cars moving see that over 50% of them are on the damn phone!
YOUR PHONE CALL is THAT important!
You'll be sorry if you ever hit me and you were on the phone or texting!
215 - believe it is 25 for 1st offense and then $50... didn't hear anything past that.
4:47 - Amen!
Even if they made this a primary offense instead of a secondary offense it still wouldn't be enforceable. Maryland has pased a similar law which took a lot of debate and money to pass the legislation but in the end is truly pointless.
I'm a police officer and my feelings as well as most other police officers in this state is that we will more than likely never write a citation for this offense. The problem comes with the fact that it would be impossible to prove in court that someone was texting and not doing something else.
"Sir, I'm writing you a citation for text messaging while driving."
"No Officer, actually I was just searching through my contacts list to make a phone call."
People make up the most ridiculous excuses and lies when pulled over for more serious traffic violations, you think anyone would think twice when lying about a text message?
The solution is simple and would take some getting used to. We need an all out ban on cellular phone use by driver's unless a hands free device is used. I myself use my cell phone a lot when driving and it would take some getting used to. A lot of time as a police officer we use our personal cell phones for police business all the time. There are many things that need to be told to an officer responding to a scene that wouldn't be appropriate to say over a radio. Bottom line is that it would take some getting used to but would make our roads much much safer. It's pretty hard to deny breaking such a law when it is so clear cut.
"Your honor, I saw the defendant with his cell phone to his ear."
You're kidding, right?
You can prove texting, just as you can prove a phone call!
Ever notice the little space on your phone where it lists ALL calls and ALL messages?
How do you think they knew the train driver involved in the crash was texting right before the crash?
One stupid cop it sounds like to me.
What academy did you graduate from because apparently they're not teaching you how to be a cop and ENFORCE the law!
To SERVE and PROTECT!
Ha! What a joke these days!
At the very least, someone talking on the phone while driving should be at risk of not only being pulled over but having their phone confiscated, right on the side of the road!
Anon 1:12
We appreciate you putting that information out there so now we know that we can talk on our phone all the time without being at risk of any of the Maryland officers stopping us.
Good going! NOT!
2:07
Sounds like somebody has a grudge against the police. Aww did you get a speeding ticket that you feel was unfair?
Yeah that's a great idea, just take a look at their cell phone. You forgot one tiny detail...they call it the Bill of Rights. If I took someone's cell phone during a traffic stop and started looking through it that would be a clear example of a little thing called illegal search and seizure. Unless someone is arrested you would need a warrant to search someone's personal cell phone. But you've apparently got it all figured out. So yes maybe I should violate someone's right's, get sued by the ACLU, lose my job, and lose the court case for the $25 citation that I issued them.
Why don't we enforce the laws that are already on the books, like "inattentive driving"? That would cover texting, phone calls, etc. basically you are not paying attention. Give citations or fines or whatever.
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